Legal Opinion

Matthews v. State

District Court of Appeal of Florida

Decided November 9, 2011No. 2D11-626Published

1Opinion of the Court

ALTENBERND, Judge.

James M. Matthews appeals the denial of his motion for postconviction relief that was timely filed as to his new sentence imposed on violation of probation. We affirm on all of his claims except for the first two claims addressing his sentence. We conclude that the postconviction court erred in summarily denying these claims, but the record does not contain sufficient information for this court to determine the correct resolution of those claims. On remand, it may be necessary for Mr. Matthews to amend his motion. The issue is sufficiently complicated that the…

2Cases cited5 opinions

  1. Karchesky v. StateSupreme Court of Florida · 1992
  2. State v. MontagueSupreme Court of Florida · 1996
  3. Horn v. StateDistrict Court of Appeal of Florida · 1999
  4. Long v. StateDistrict Court of Appeal of Florida · 2003
  5. Harrelson v. StateDistrict Court of Appeal of Florida · 2010

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